What is the reason for the theft of 654.38+0.7 million property of Tuniu Tour Group?

On May 8, in Stockholm, Sweden, when the group members boarded the bus after dinner, they found that about170,000 items were stolen. This "Nordic Bull Line" organized by Tuniu Tourism has become a painful memory for the group members.

Mr. Wang of Nanjing believes that in this theft case, the tour guide failed to fulfill the obligation of safety guarantee and prompt, and proposed that Tuniu Tourism Company should bear the liability for compensation, but Tuniu insisted that this was an accident and they were not responsible. The consumer jury column of Yangzi Evening News recently launched an investigation.

honeymoon trip

He chose the more expensive "Niuren Special Line"

Mr. Wang, who just got married, and his wife discussed a honeymoon trip to romantic northern Europe, leaving a lifetime of good memories. So after some comparison, they chose the "Nordic Cattle Route" launched by Tuniu Company.

Mr. Wang told the Yangzi Evening News Consumer Jury that according to the official customer service explanation of Tuniu Travel Network, the difference between Niuren Line and non-Niuren Line is that Niuren Line only accepts guests booked in Tuniu and does not compete with guests from other websites, so the general quality will be higher.

"I also checked the quotations of other travel agencies on the same route at that time. The price of this Tuniu Niuren line is really high. " Mr. Wang said that because it is a foreign country and an important honeymoon trip, it is necessary to ensure the safety and comfort of the trip. So he and his wife agreed to choose this Tuniu "Nordic Niuren Special Line" with higher quality and price, and the average travel cost per person was 19299 yuan.

Encounter an accident

The loss of stolen bus members was 6.5438+0.7 million.

The jury of Yangzi Evening News saw in the travel agreement signed between Mr. Wang and Tuniu that the travel duration was from May 6, 20 18 to May 6, 2065 438+07, and the stay time was 12 days. However, on the third day after departure, on May 8th, an accident happened in Stockholm, Sweden.

Mr. Wang recalled that according to the arrangement of the travel agency, the day was free time, so the group members mainly went to the local commercial street and almost all bought some items. After shopping, they went back to the car and the tour guide informed them to have dinner. So everyone loaded the purchased items into the car and went to eat collectively. At that time, the tour guide did not remind everyone to take valuables with them in case they were stolen.

However, to their surprise, they left the bus around 19: 00 local time. After dinner, that is, around 20: 30, when they returned to the bus after dinner, they found that although the bus window was not damaged, the items on the bus were stolen, and the backpacks and items of the group members were almost gone. Then the tour guide led the members to the Stockholm police station to report the case.

The Yangzi Evening News Consumption Jury confirmed from a statement signed by 1 1 a group member who lost property. According to preliminary statistics, the total amount of items lost by the group was about RMB 654,380,700 (including a large number of personal items in the group member's backpack).

◎ It is difficult to defend rights.

Tuniu replied that he was not responsible.

Mr. Wang recalled that after shopping in the local commercial street, the tour guide and the driver saw that they bought valuables, but before getting off the bus, they were not told to take the valuables they just bought or how to deal with them.

"I don't think the tour guide has the basic safety guarantee and the obligation to inform and remind." Mr. Wang believes that at that time, after receiving the meal notice, they all thought that the place to eat should be near the vehicle, and the driver and tour guide did not make any safety reminders when they knew that everyone had bought valuables, so everyone thought that someone would stay in the car to look after the items. So, when we let our guard down, we all put our belongings in the car. I didn't expect this relaxation to cause such a big loss.

"My personal loss is close to more than 30,000 yuan." Mr. Wang said that at the time of the incident, the group members took the bus provided by Tuniu Company, and the driver and tour guide were also arranged by Tuniu Company. Therefore, Tuniu Company should be responsible for theft without basic security and prompt obligation.

But in the face of Mr. Wang's complaint, Tuniu gave the answer that they were not responsible.

Jury attack

In the face of Tuniu, he once again claimed no responsibility.

The theft happened just three days after the trip to northern Europe, which greatly affected the travel mood of the group members. This travel experience called Quality Group also disappointed Mr. Wang.

He told the Yangzi Evening News Consumer Jury that their tour guide found the wrong hotel during the trip, delayed the meal twice, and turned the originally arranged dinner into a "self-explanation".

"Do you think about it, where to eat at night in a strange land?" Mr. Wang said that sometimes when they arrive at some scenic spots, the tour guides let them go by themselves. He saw with his own eyes that other tour guides from China all took their own explanations.

"A lot of money was paid, but the service was discounted." After the experience, Mr. Wang was very disappointed with the service quality of this "Tuniu Niuren Special Line".

On May 18, the Yangzi Evening News Consumption Jury accompanied Mr. Wang to Tuniu Company to learn about the situation.

In response to Mr. Wang's claim that Tuniu Company failed to fulfill its security and prompt obligations in this service, the relevant person in charge of handling the complaint said that Mr. Wang could not foresee and imagine this incident. The incident was not caused by the travel agency, but was an accident, and Tuniu Company was not responsible.

Opinions of all parties

Expert: Tuniu should pay compensation.

Yin Wei, doctor of law and associate professor of Nanjing Tourism Vocational College, pointed out that travel agencies should provide tourists with security obligations. In this complaint, the tour guide provided by Tuniu Tourism should remind tourists to carry valuables with them. At the same time, drivers and tour guides should also check whether there are valuables in the car. If you want to have valuables, you should also remind tourists to keep them reasonably.

In his view, Tuniu Tourism did not fulfill its obligation of reminding, which obviously belongs to the security obligation of travel agencies. According to the relevant provisions of the Tourism Law, if property losses or personal losses of tourists are caused by the land agency, the land agency of the tour group shall make compensation in advance. However, considering that the tourist is an adult, he should also know that valuables should be carried with him during the tour. According to judicial practice, the compensation standard of travel agencies is about 20% of the lost property. In addition, if the lost property can finally be found, it should still be enjoyed by tourists.

Lawyer: Tuniu's practice is obviously negligent.

Lawyer Gao Long of Beijing Guantao Zhongmao (Nanjing) Law Firm believes that in this consumer complaint, it is first necessary to judge whether the tourism operators and tourism auxiliary service providers have fulfilled their security obligations.

According to Article 7 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Tourism Dispute Cases: "The people's court shall support the tourists who fail to fulfill their security obligations and cause personal injuries and property losses."

In this case, the bus showed no obvious signs of damage, and the bus driver was suspected of obviously forgetting to lock the door. It can be seen that tourism auxiliary service providers have obviously failed to fulfill their security obligations.

Secondly, it is necessary to judge whether the tour operators and tourism auxiliary service providers have fulfilled the necessary prompt obligations. According to the regulations: "If a tourist suffers personal injury or property loss in an activity arranged by himself, and the tour operator fails to fulfill the necessary obligation of prompting and helping, and the tourist requests the tour operator to bear corresponding responsibilities, the people's court shall support it."

However, in this case, the tour operator did not give obvious reminders to the tourists in the contract, and the tourism auxiliary service provider did not give corresponding reminders when he knew that the tourists had bought a lot of valuables. It can be seen that tourism operators and tourism auxiliary service providers have not fulfilled the necessary obligation of prompting.

Thirdly, man-made theft is not force majeure, and tour operators may not ask for exemption on this ground.

The relevant person in charge of Tuniu Company said that there was no way to foresee and imagine the incident. This statement is hard to accept. As a tour operator, Tuniu Company should know as much as possible about the whole route, including the local security situation, when designing a tour route. Moreover, tour operators should know that there is definitely a risk of theft during the tour, so they should formulate corresponding coping mechanisms to avoid risks. For example, remind tourists to take valuables with them or arrange for tourism auxiliary service providers to stay and look after them. Therefore, man-made theft is not an unforeseeable, inevitable and insurmountable objective situation. Tourism operators think that they have no responsibility and obviously lack legal basis.

Therefore, in this dispute, Tuniu. Com, as a tour operator, should be liable for compensation if it fails to fulfill its security obligations and necessary prompt obligations.

Latest progress

The relevant departments have accepted the complaint.

It is learned that Nanjing Tourism Quality Supervision Institute has accepted tourism complaints, and the column of Consumer Jury of Yangzi Evening News will continue to pay attention to the progress of this matter.